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| Advisory Opinion 21-13Department of Corrections staff are prohibited from using state time and state resources to conduct limited fundraising and administrative activities associated with managing outside bank accounts to support the staff canteen funds. Additionally, the Department of Corrections should follow the recommendations of the Finance and Administration Cabinet to avoid using correctional facility names in the name of the outside bank accounts associated with the staff canteen fund. |
| Advisory Opinion 20-03Property Valuation Administrators may sell advertising space on their websites without violating the Executive Branch Code of Ethics as long as they use the mechanism provided in KRS 45A.097 to solicit sponsorships, which may include selling advertising space on state-sponsored websites, as long as the state agency follows the requirements of KRS 45A.097 and the procedures established by the Finance and Administration Cabinet for its implementation. Furthermore, the Executive Branch Ethics Commission recommends that the website include a disclaimer that any such advertisements are not to be considered an endorsement of the services or products of the advertisers pursuant to KRS 45A.097(4)(h) and (i). |
| Advisory Opinion 19-07Pursuant to KRS 11A.055, the Department of Agriculture (KDA) is prohibited from directly raising funds for a 26 USC Section 501(c)(6) tax-exempt organization to fund a conference being held in Kentucky for the organization over which the Commissioner of Agriculture is serving as president.
Pursuant to KRS 11A.045(1) the Commissioner of Agriculture and the staff of the KDA are prohibited from raising funds for the 501(c)(6) organization by soliciting persons or businesses that may otherwise be prohibited from giving gifts to the KDA and its employees.
The Commissioner of Agriculture and other members of the KDA’s senior leadership may seek donations to the 501(c)(6) organization in advance of the conference from individuals and/or corporate entities who do not meet any of the circumstances as set forth in KRS 11A.045(1)as long as they use their own time and resources and avoid using state time and state resources.
The 501(c)(6) organization may use the Commissioner’s name and identity on solicitations sent to entities that are regulated by or doing business with the KDA or otherwise listed in KRS 11A.045(1).
If allowable under KRS 45A.097, the Commissioner of Agriculture and the staff of the KDA may raise funds to be donated directly to the Department to fund a conference sponsored jointly by the KDA with the 501(c)(6) organization.
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| Advisory Opinion 17-03 Gift Exception 2017-3Within limitations, the Department of Parks (the “Department”) may accept gifts as dictated by KRS 148.021 without violating KRS 11A.045.
Advisory Opinion 16-09 and the provisions of the amendment to 9 KAR 1:090, once enacted, do not apply to the Department when accepting gifts on behalf of the state agency. |
| Advisory Opinion 17-02 - Gift Exception 2017-2Within limitations, the Kentucky Center for the Arts Corporation ("KCAC") may accept gifts as dictated by KRS 153.420(8) without violating KRS 11A.045.
Advisory Opinion 16-09 and the provisions of the amendment to 9 KAR 1:090, once enacted, do not apply to the KCAC when accepting gifts on behalf of the public corporation.
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| Advisory Opinion 17-01 - Gift Exception 2017-1 SUSPENDEDThis advisory opinion has been suspended. |
| Advisory Opinion 16-08The Transportation Cabinet may solicit sponsorships for its Safety Assistance for Freeway Emergencies (SAFE) Patrol and acknowledge the sponsor through placement of a plaque on its SAFE Patrol vehicles, provided that the Cabinet makes no effort to endorse or recognize the recipient of the sponsorship other than through a small plaque no larger than 12” x 18” and rejects sponsors from whom it cannot accept a gift pursuant to KRS 11A.045.
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| Advisory Opinion 16-09Guidance for executive branch agencies in relation to fundraising activities conducted in accordance with KRS 11A.055 for charitable non-profit organizations established, created, and controlled by these agencies in anticipation of the effective date of the amendment to 9 KAR 1:060. |
| Advisory Opinion 10-02The Division of Compliance Assistance in the Department for Environmental Protection, Energy and Environment Cabinet, may solicit public-private partnerships, to include entities and persons regulated by the Department, for the purpose of reducing and preventing environmental crimes. |
| Advisory Opinion 10-05A state regulator may, with some limitations, use state time and resources to promote membership and participation by comparable regulators from other jurisdictions in an international professional association comprised of such regulators if such use of state time and resources is approved by agency management. |
| Advisory Opinion 09-02An agency may solicit contributions and grants from entities it does business with when there is express legislative intent and statutory authority for the solicitations. |
| Advisory Opinion 07-10Pursuant to the 2006-2008 Kentucky Biennial Budget Bill (House Bill 380), the Executive Branch Code of Ethics, found in KRS Chapter 11A, is applicable to the directors, officers and management and policymaking employees of the Louisville Arena Authority, Inc. , and thus the board of directors for the Authority must file with the Executive Branch Ethics Commission annual statements of financial disclosure. |
| Advisory Opinion 07-07A Kentucky not-for-profit corporation, 2008 Matches, Inc., is not an executive branch agency and thus may accept monetary donations from private companies; however employees of the Office of the Kentucky Sports Authority may not solicit donations on the not-for-profit's behalf from private companies that have a business or regulatory relationship with or are trying to influence the actions of the Office of the Kentucky Sports Authority. |
| Advisory Opinion 07-34A Kentucky state agency may co-sponsor a conference with another state that solicits sponsors, and acknowledge such co-sponsorship in conference materials, as long as employees of the Kentucky state agency are not involved in the solicitation of such financial sponsorship from entities that do business with, are regulated by, or are seeking to influence some future action of the agency |
| Advisory Opinion 07-27An agency may solicit sponsorship for a Kentucky Employees Charitable Campaign event and print co-sponsors names on t-shirts to be distributed as long as neither the agency nor agency employees actively endorse or acknowledge the co-sponsors of the event through a public statement. |
| Advisory Opinion 06-07The Department of Public Advocacy may solicit other state agencies and the public to play in golf tournament to benefit the Kentucky Innocence Project, provided the persons and businesses solicited are not doing business with, involved in litigation against, or seeking to influence the Department. |
| Advisory Opinion 06-15Within limitations, the Division of Historic Properties may solicit donations of historical items and monuments, or cash donations in lieu thereof, from the public without creating the appearance of a conflict under KRS Chapter 11A, provided such solicitation is not of vendors or individuals seeking to influence the actions of the Finance Cabinet, excluding the Department of Revenue. |
| Advisory Opinion 06-20A legal defense fund may be established for the Governor and funds may be solicited. However, the Governor should not accept any donations from the fund that have been donated by a person or business that may have interests before a state agency if the Governor is directly involved or has had direct participation in those interests. |
| Advisory Opinion 05-34Before accepting assistance from a trust set up to assist employees with the payment of legal fees, an employee should ascertain that the donors to a fund or sub-trust set up on his behalf are not doing business with, regulated by, seeking grants from, or in any way seeking to influence the state agency for which the employee works or over which he has supervisory authority. The trust should not be established by anyone registered as an executive agency lobbyist, holding a contract with, or attempting to influence the actions of any of the agencies which employ the employee beneficiaries of the fund. Employees who are officers must disclose on their annual statement of financial disclosure the source of any legal assistance received if the value is over $200. |
| Advisory Opinion 05-43The Governor's Office of Local Development ("GOLD"), through its employees, should not solicit vendors of GOLD for sponsorship of the Southern Regional Conference of the Council of State Community Development Agencies annual conference due to inherent conflicts of interest that exist. |
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